any changes in dzhokhar tsarnaev's condition? >> reporter: well, it seems he's well enough and alert enough to have an appearance with a magistrate, presumably from his hospital room. his condition still serious. that's the last report we got from the hospital. and that he had been intubated, obviously we have been reporting that, but his condition was still serious, but they also had him restrained because they didn't want him to pull the breathing device from his mouth. again, as you have been saying, he has been alert enough that he's been not talking, but communicating with investigators, communicating either by writing things down on a pad or on a white board. and presumably they have been doing that. one way they can do that is called a holiday from the drug. and what that presumably does is they ease up on the drugs, enough for him to regain consciousness so that when they ask him questions, he's conscious enough that he can answer them, either nod his head or write them down on the board. >> don what do we know about thos